Sentencing guidelines; definition of violent felony. (SB1214)

Introduced By

Sen. Richard Stuart (R-Westmoreland)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Sentencing guidelines; definition of violent felony. Adds to the list of violent felonies: killing of a fetus, criminal street gang recruitment, strangulation of another, assault and battery when it is a hate crime, felony violation of a protective order, felony infected sexual battery, enticement to bomb, manufacture bombs, hoax explosive devices, etc., willfully discharging a firearm in a public place resulting in bodily injury, brandishing a machete or other bladed weapon near a school, wearing body armor while committing certain crimes, possession of assault or other firearm by aliens, display of grooming video to child, cross burning, burning object with intent to intimidate, placing a swastika with intent to intimidate, displaying noose with intent to intimidate, treason, escape of sexually violent predator, and unauthorized dissemination of fusion center information resulting in death or serious bodily injury. When an offense falls under the definition of violent felony, sentencing ranges are increased, punishment is statutorily enhanced for certain other offenses, eligibility for participation in a drug treatment court is restricted, there is a presumption against bail for persons illegally present in the United States, the definition of victim for the purpose of compensation of crime victims by the Criminal Injuries Compensation Fund is expanded, registration of tow truck drivers is prohibited, and restoration of voting rights is limited.

Read the Bill »


Bill Has Passed


01/09/2013Prefiled and ordered printed; offered 01/09/13 13101864D
01/09/2013Referred to Committee for Courts of Justice
01/11/2013Impact statement from VCSC (SB1214)
01/16/2013Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally)
01/16/2013Committee substitute printed 13104032D-S1
01/16/2013Rereferred to Finance
01/17/2013Impact statement from VCSC (SB1214S1)
01/29/2013Reported from Finance (15-Y 0-N) (see vote tally)
01/30/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/31/2013Read second time
01/31/2013Reading of substitute waived
01/31/2013Committee substitute agreed to 13104032D-S1
01/31/2013Engrossed by Senate - committee substitute SB1214S1
02/01/2013Bills placed in block (39-Y 0-N) (see vote tally)
02/01/2013Read third time and passed Senate (39-Y 0-N) (see vote tally)
02/06/2013Placed on Calendar
02/06/2013Read first time
02/06/2013Referred to Committee for Courts of Justice
02/08/2013Assigned Courts sub: #1 Criminal
02/10/2013Impact statement from DPB (SB1214S1)
02/11/2013Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
02/15/2013Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally)
02/15/2013Committee substitute printed 13105092D-H1
02/18/2013Impact statement from VCSC (SB1214H1)
02/19/2013Read second time
02/20/2013Read third time
02/20/2013Committee substitute agreed to 13105092D-H1
02/20/2013Engrossed by House - committee substitute SB1214H1
02/20/2013Passed House with substitute BLOCK VOTE (100-Y 0-N)
02/20/2013VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/21/2013House substitute agreed to by Senate (39-Y 0-N) (see vote tally)
02/21/2013Title replaced 13105092D-H1
02/23/2013Bill text as passed Senate and House (SB1214ER)
02/23/2013Impact statement from VCSC (SB1214ER)
02/23/2013Signed by President
02/23/2013Signed by Speaker
02/27/2013Impact statement from DPB (SB1214ER)
03/20/2013G Approved by Governor-Chapter 647 (effective 7/1/13)
03/20/2013G Acts of Assembly Chapter text (CHAP0647)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 55 seconds.


Mary Devoy writes:

What a mix of crimes.

Escape of a Sexually Violent Predator?

Any young, gay man who hasn’t “lived” with a lover for more than 2 years and has one sexual conviction can be considered an SVP by the state of Virginia, per the Static-99 assessment tool.

SVP’s are NOT prisoners; they are patients per the State and for civil commitment to remain Constitutional.

The Commonwealth goes to great extents to claim these men have a mental disorder and are unable to control themselves. Even though the Psychiatry field does not believe there is a medical condition that needs treatment under the Criminal Justice System’s guise of Sexually Violent Predator civil commitment.

In the end the state just wants to keep them locked up for as long as possible, treatment and curing them is NOT the goal. Civil commitment cost 3-4 times that of prison and there are a limited number of beds. The November 2011 JLARC report has been completely ignored by the Virginia Legislature and Governor, none of the recommendations have been done. But bills like this keep rolling in. If the state can claim the SVP attempted escape and then charge them with a new felony so they go back to a VA prison, then the state’s got more time to keep control of them and their saving money, Cha-ching!

Susie S. writes:

Cross burning and swasticka's. I am not a cross burner but this law fringes on free speech.